What is Mediation?
In an ideal world, sport is safe, fair and inclusive for everyone, however this is not always the case. From time-to-time incidents of poor behaviour occur in clubs that must be dealt with.
Mediation can form part of this process.
Informal Handling of Grievances and Complaints
In reality, many incidents of poor behaviour in clubs are less serious in nature. These might be one-off events such as low-level swearing, a heated exchange or an inappropriate comment made. If the parties involved are open to the matter being handled informally, a nominated complaint handler could have a discussion with those involved . The discussion can provide a reminder about the club’s values and Code of Conduct, and may provide some educative support. An apology may be an acceptable outcome for all.
Formal Handling of Grievances and Complaints
If the incident is deemed to be more serious or the person making the complaint wants the matter to be handled formally, it will have to be done accordance with the club’s integrity policies or constitution.
Note: if the correct process is not followed, the validity of any decision or penalty could be challenged, so it is important to follow the right steps. Examples of behaviour requiring a formal process can include: repeated instances of verbal abuse amounting to bullying, physical threats to an individual, or the use of harmful coaching techniques.
If the club or association (or external organisation) are using a formal approach to a matter, mediation is often included in this process.
Note that if an incident relates to Child Safety or Discrimination, the matter may have to be reported to and handled by Sport Integrity Australia. Check here to see if you’re required to report to Sport Integrity Australia.
Steps involved in mediation
Mediation allows for the complainant (the person or people making the complaint) and the respondent (the person or people responding to the complaint) to communicate their position, point of view and experience to each other in a structured conversation. The aim of mediation is for the parties to reach an agreement they both accept. They may not get exactly what they want, but they are in control of an outcome.
Mediation is managed by a trained mediator who is independent of the parties. The mediator helps everyone involved to understand each other’s respective interests and positions. They identify areas of common ground and help to develop lasting solutions that are developed and agreed by all involved.
The discussion held at mediation is confidential and cannot be used in proceedings of any other forum.
When Should Mediation Commence?
Mediation should be used at an early point of a formal complaint or dispute. It can serve as an effective approach before the matters gets out of hand and irreparable damage is done to individuals and the club.
Many club or association constitutions have clauses relating to mediation being a mandated step in the dispute resolution process. Mediation can be quicker and less time consuming than setting up a tribunal or panel to hear the matter. It also allows for those involved to be an active part of the decision-making process. Each can put their positions before an independent mediator and hopefully reach a mutually acceptable solution.
Finding a Mediator
There are numerous associations and organisations offering a database of mediators, such as the Australian Mediation Association.